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Description: Lauri Sullivan-Stefanou along with Jarrod and Carly Byer filed a Class Action lawsuit against Apple in Cincinnati, Ohio. This is the first Class Action filed in 2018 with many more to come. The cou...

Lauri Sullivan-Stefanou along with Jarrod and Carly Byer filed a Class Action lawsuit against Apple in Cincinnati, Ohio. This is the first Class Action filed in 2018 with many more to come. The court document shows us that the Plaintiffs were fully aware of the apology made on December 28th and yet state that Apple failed to warn them that their iPhone 6 and 7 were purposely being slowed down by downloading the very updates that Apple urged them to do for security reasons.

older iPhones, including the iPhone 6 and iPhone 7, without warning consumers:

Last year we released a feature for iPhone 6, iPhone 6s and
iPhone SE to smooth out the instantaneous peaks only when
needed to prevent the device from unexpectedly shutting down
during these conditions. We’ve now extended that feature to
iPhone 7 with iOS 11.2, and plan to add support for other
products in the future.

28. On December 28, 2017, after public criticism, Apple apologized for “how we

have communicated”:

We’ve been hearing feedback from our customers about the way
we handle performance for iPhones with older batteries and how
we have communicated that process.

We know that some of you feel Apple has let you down. We
apologize. There’s been a lot of misunderstanding about this
issue, so we would like to clarify and let you know about some
changes we’re making.

32. Nowhere did Apple ever disclose that its updates would negatively affect the

iPhones and their functionality.

CLASS ACTION ALLEGATIONS

33. This action is brought on behalf of the named Plaintiffs and as a Class Action

pursuant to Rule 23(b)(1), (2), (3) and 23(c) of the Federal Rules of Civil Procedure on behalf of

the following proposed “Class” or “Class Members”:

All persons residing in Ohio who own or have owned an iPhone 6
and/or iPhone 7 that was updated to any of the following: iOS
10.2.1 (released on January 23, 2017); iOS 10.3 (released on
March 27, 2017); iOS 10.3.1 (released on April 3, 2017); iOS
10.3.2 (released on May 15, 2017); iOS 10.3.3 (released on April
3, 2017); iOS 10.3.3 (released on July 19, 2017); iOS 11.0.1
(released on September 26, 2017); iOS 11.0.2 (released on October
3, 2017); iOS 11.0.3 (released on October 11, 2017); iOS 11.1
(released on October 31, 2017); iOS 11.1.1 (released on November
9, 2017); iOS 11.1.2 (released on November 16, 2017); iOS 11.2
(released on December 2, 2017) and iOS 11.2.1 (released on
December 13, 2017).